ADVOCATE
ABC’S REGULATORY ROUNDUP
Learn About the Latest Developments Affecting the Construction Industry ABC has prepared a summary of Biden administration regulatory actions of interest to ABC members by agency. Here are some of the highlights. For a deeper dive scan the QR Code: U.S. Department of Labor
Improve Tracking of Workplace Injuries and Illnesses ABC submitted comments urging OSHA to withdraw the proposed rule. Establishments with 100 or more employees in certain high-hazard industries are required to electronically submit information from their OSHA Forms 300 and 301 to OSHA once a year. They are also required to include their legal company name when making electronic submissions to OSHA. Establishments with 20 to 249 employees in certain high-hazard industries will continue to be required to electronically submit information from their OSHA Form 300A annual summary to OSHA once a year. Establishments with 250 or more employees that must routinely keep records under OSHA’s injury and illness regulation will also continue to be required to electronically submit information from their Form 300A to OSHA once a year. The data must be electronically submitted through OSHA’s Injury Tracking Application. Heat Injury and Illness Prevention in Indoor and Outdoor Settings In September, OSHA held six Small Business Advocacy Review panel meetings to gather input on a possible Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings rule. Any interested party may submit comments, and the agency will include those comments in the public docket. The deadline to comment is December 23, and all such comments can be submitted via regulations.gov at OSHA-2021-0009-1059. ABC strongly supports worker safety and protection from heat injury and illness, while maintaining flexibility for the fluid nature of the construction environment. Employers play a key role in providing training and awareness regarding heat protection, and ABC will continue to support members in ensuring preparedness for heatrelated issues through a wide range of resources. Worker Walkaround Representative Designation Process ABC and its members submitted comments in opposition to the rule. On Oct. 16, the U.S. Department of Labor’s Occupational Safety and Health Administration issued an extension of the comment period for the proposed rule, which would allow an employee to choose a third-party representative, such as an outside union representative, to accompany an OSHA inspector into nonunion facilities. ABC joined 40 other Coalition for Workplace Safety members in sending a letter to the U.S. House Education and the Workforce Committee’s Subcommittee on Workforce Protections calling out OSHA for its proposed rule and the politicization of the agency that the rulemaking exemplifies.
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BUILDING Central Florida 2023 - DECEMBER
Personal Protective Equipment in Construction On July 20, 2023, OSHA issued a proposed rule clarifying the requirements for the fit of personal protective equipment in construction. On Sept. 18, ABC, as a steering committee member of the Construction Industry Safety Coalition, submitted comments to OSHA in response to the PPE proposed rule and urged the agency to clarify what it means by the terms “properly fit” and “additional hazards” and that the clarification include specificity so that covered industries better understand their compliance obligations. In addition, the CISC urges OSHA to clarify how it will enforce this regulation and delineate objective measures regarding what constitutes “improper fit.” Infectious Diseases In March 2024, OSHA intends to issue a proposed rule on infectious diseases and examine regulatory alternatives for control measures to protect employees from infectious disease exposures to pathogens that can cause significant diseases. The agency listed several workplaces where these control measures might be necessary, including health care, emergency response, correctional facilities, homeless shelters, drug treatment programs, and other occupational settings where employees can be at increased risk of exposure.
Wage and Hour Division
Updating the Davis-Bacon and Related Acts Regulations The regulation’s drastic revisions to existing rules regarding government-determined prevailing wage rates that must be paid to construction workers on federal and federally assisted construction projects funded by taxpayers took effect on Oct. 23. ABC issued a statement opposing the new rule. Unfortunately, the DOL’s final rule disregards the feedback of ABC contractors, construction industry stakeholders, and thousands of small businesses urging the withdrawal of this unnecessary, costly, and burdensome regulation.
